North Carolina Administrative Code

21 NCAC 06X .0102 APPLICATION FOR AND RENEWAL OF SCHOOL CERTIFICATION (a) Each person applying for a school certification shall submit to the Board the information required by G.S. 88A-19 and 88A-19.1, and: (1) A copy of the student contract required by Rule .0105 of this Section…

21 NCAC 06x .0103 CERTIFICATIONS NOT TRANSFERABLE Consistent with G.S. 88A-19 and G.S. 88A-19.1, school certifications are valid only for the location named in the certification and are not transferable either to a new owner or to a new location. A school shall within 10 business…

21 NCAC 06x .0104 PROGRAM DIRECTORS Each school certified by the Board shall at all times be under the direction and supervision of a program director. The program director of each school shall be responsible for the organization, administration, development and general effective…

21 NCAC 06x .0105 ENROLLMENT PROCEDURES (a) Every school certified by the Board shall furnish to each student upon enrollment a signed copy of the school contract with the student and a copy of the school handbook which shall include the school curriculum as approved by the Board…

21 NCAC 06x .0106 SCHOOL EQUIPMENT (a) Every electrolysis school certified by the Board shall provide and maintain the following equipment in accordance with manufacturers' instructions: (1) one high frequency or thermolysis (short wave) machine; (2) one galvanic/thermolysis (ble…

21 NCAC 06x .0107 SCHOOL LIBRARY Every school certified by the Board shall maintain a library containing at least one copy of each textbook used and shall make the books in the library available for use by the students. The school library shall contain the current copy of the Int…

21 NCAC 06X .0108 RECORD OF ATTENDANCE Every school certified by the Board shall: (1) keep a daily record of the attendance of each student and a record of the time devoted by the student to practical and theoretical work; (2) establish credits; and (3) hold examinations before i…

21 NCAC 06x .0109 STUDENT PRACTICAL WORK; CREDIT FOR OBSERVING AND SERVING AS A CLIENT (a) No practical work may be done by students attending a school certified by the Board except within the school premises and under the direct supervision of a licensed instructor. (b) Hours of…

21 NCAC 06x .0110 STUDENT/TEACHER RATIO AND EQUIPMENT (a) For electrology, at least one instructor per 12 students, or fraction thereof, shall be in attendance at all times when students are engaged in clinical work. The school shall provide the necessary equipment, which was doc…

21 NCAC 06x .0111 EQUIPMENT ENDORSEMENTS AND SALES PROHIBITED History Note: Authority G.S. 88A-6; 88A-19; 88A-19.1; Eff. November 1, 1993; Amended Eff. December 1, 2010; Readopted Eff. September 1, 2019; Recodified from 21 NCAC 19 .0619 Eff. January 1, 2023; Expired Eff. May 1, 2…

21 NCAC 06x .0112 CERTIFICATION OF SCHOOLS IN OTHER STATES OR JURISDICTIONS (a) The Board shall certify a school in another state or jurisdiction for purposes of G.S. 88A-10 provided that: (1) The school applies for certification, submits the information required by G.S. 88A-19(a…

subchapter 06y – continuing education 21 NCAC 06y .0101 CONTINUINg EDUCATION requirements, LICENSE RENEWAL, reinstatement and REACTIVATION (a) The following are requirements for the Board to approve renewals for electrologist or laser hair practitioners: (1) Each electrologist li…

21 NCAC 06y .0102 BOARD APPROVAL OF COURSES (a) The Board shall approve a program or course if it is: (1) in any subject required by 21 NCAC 06X .0101; and (2) offered by one of the following entities: (A) a college or university authorized to grant degrees in this State; (B) a n…

21 NCAC 06Y .0103 COMPUTATION OF CONTINUING EDUCATION UNITS (a) To obtain credit as a contact hour of continuing education, the learning experience scheduled for an hour shall occupy at least 50 minutes of the hour. (b) An electrologist may fulfill the continuing education requir…

21 NCAC 06Y .0104 TIME LIMITS ON CREDIT An electrologist or laser hair practitioner applying for reinstatement under 21 NCAC 06U .0103(b) and presenting CEUs in satisfaction of competency requirements may receive credit for any CEUs taken during the time the applicant's license w…

21 NCAC 06y .0105 APPLICATION FOR APPROVAL OF CONTINUING EDUCATION (a) An application for approval of continuing education as set forth in Rule .0102(d) of this Section shall include the following in his or her application: (1) the application date; (2) the sponsoring entity offe…

21 NCAC 06Y .0106 WAIVER The Board may waive any rule in this Chapter that is not statutorily required if a licensee, or applicant for license or certification, submits a written request to the address in 21 NCAC 06A .0102. Factors the Board shall use in determining whether to gr…

SUBCHAPTER 06Z – ELECTROLOGY APPRENTICESHIP PROGRAM 21 NCAC 06Z .0101 ENROLLMENT REQUIREMENTS AND STUDENT PERMITS History Note: Authority G.S. 86B-65; Temporary Adoption Eff. June 1, 2023; Temporary Rule Expired Eff. March 11, 2024.

21 NCAC 06Z .0102 CURRICULUM History Note: Authority G.S. 86B-65; Temporary Adoption Eff. June 1, 2023; Temporary Rule Expired Eff. March 11, 2024.

21 NCAC 06Z .0103 FACILITY REQUIREMENTS History Note: Authority G.S. 86B-65; Temporary Adoption Eff. June 1, 2023; Temporary Rule Expired Eff. March 11, 2024.

21 NCAC 06Z .0104 STUDENT HOURS AND PERMITS History Note: Authority G.S. 86B-65; Temporary Adoption Eff. June 1, 2023; Temporary Rule Expired Eff. March 11, 2024.

21 NCAC 06Z .0105 PROGRAM HANDBOOKS AND ENROLLMENT AGREEMENTS History Note: Authority G.S. 86B-65; Temporary Adoption Eff. June 1, 2023; Temporary Rule Expired Eff. March 11, 2024.

21 NCAC 06Z .0106 INSTRUCTORS IN AN ELECTROLOGY APPRENTICESHIP PROGRAM History Note: Authority G.S. 86B-65; Temporary Adoption Eff. June 1, 2023; Temporary Rule Expired Eff. March 11, 2024.

21 NCAC 06Z .0107 TRANSFERS History Note: Authority G.S. 86B-65; Temporary Adoption Eff. June 1, 2023; Temporary Rule Expired Eff. March 11, 2024.

21 NCAC 06Z .0108 PROGRAM COMPLETION History Note: Authority G.S. 86B-65; Temporary Adoption Eff. June 1, 2023; Temporary Rule Expired Eff. March 11, 2024.

21 NCAC 06Z .0109 POST-APPRENTICESHIP ELECTROLOGY LICENSE History Note: Authority G.S. 86B-65; Temporary Adoption Eff. June 1, 2023; Temporary Rule Expired Eff. March 11, 2024.

21 NCAC 06Z .0110 APPROVAL AS AN ELECTROLOGY APPRENTICESHIP PROGRAM History Note: Authority G.S. 86B-65; Temporary Adoption Eff. June 1, 2023; Temporary Rule Expired Eff. March 11, 2024.

CHAPTER 07 - CEMETERY COMMISSION Codifier's Note: This Chapter, 21 NCAC 07, was transferred from 04 NCAC 05, effective March 1, 2013. See S.L. 2012-120. SUBCHAPTER 07A - ORGANIZATION SECTION .0100 - GENERAL INFORMATION 21 NCAC 07A .0101 NAME AND ADDRESS The North Carolina Cemeter…

21 NCAC 07A .0102 GENERAL PURPOSE History Note: Authority G.S. 65-55; 65-57; 65-58; 150B-10; Eff. February 1, 1976; Readopted Eff. January 16, 1978; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. August 18, 2018; Expired Eff. September 1, …

21 NCAC 07A .0105 EXAMINATIONS History Note: Authority G.S. 65-49; 150B-10; Eff. February 1, 1976; Readopted Eff. January 16, 1978; Expired Eff. September 1, 2018, pursuant to G.S. 150B-21.3A.

21 NCAC 07A .0106 FEES In addition to the licensing and penalty fees provided by statute to this Commission, the following fees are required: (1) Two dollars ($2.00) per grave space, mausoleum crypt, and niche when interment, entombment or inurnment rights are conveyed; (2) Five …

21 NCAC 07A .0107 CEMETERY LICENSE FEE The annual cemetery license fee shall be five hundred dollars ($500.00). This license has an expiration date of June 30 in each year. History Note: Authority G.S. 65-49; 65-54; Eff. March 1, 1988; Amended Eff. July 1, 2005; Pursuant to G.S. …

SUBCHAPTER 07B - RULE-MAKING: DECLARATORY RULINGS AND CONTESTED CASES SECTION .0100 - RULE-MAKING AND DECLARATORY RULINGS 21 NCAC 07B .0101 PETITIONS (a) Any person wishing to submit a petition requesting the adoption, amendment, or repeal of a rule by the Cemetery Commission sha…

21 NCAC 07B .0102 NOTICE History Note: Authority G.S. 65-49; 150B-21.2; Eff. February 1, 1976; Readopted Eff. January 16, 1978; Amended Eff. September 1, 2007; May 3, 1993; August 1, 1988; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. Aug…

21 NCAC 07B .0103 HEARINGS (a) Unless otherwise stated in the particular notice of text, hearings before the North Carolina Cemetery Commission shall be held at the offices of the North Carolina Department of Commerce in Raleigh, North Carolina. (b) Any person wishing to make an …

21 NCAC 07B .0104 TEMPORARY RULES The North Carolina Cemetery Commission may issue temporary rules in the circumstances described in G.S. 150B-13. A temporary rule shall continue in effect for the period specified in the rule, which in no event shall be in excess of 180 days. His…

21 NCAC 07B .0105 DECLARATORY RULINGS (a) The Cemetery Commission shall have the sole power to make declaratory rulings. All requests for declaratory rulings shall be written and mailed to: North Carolina Cemetery Commission 1001 Navaho Drive, Suite 100 Raleigh, North Carolina 27…

21 NCAC 07B .0206 DEPOSITIONS History Note: Authority G.S. 65-49; 150B-28; Eff. February 1, 1976; Readopted Eff. January 16, 1978; Repealed Eff. July 16, 1988 in accordance with G.S. 150B-59(c).

21 NCAC 07B .0207 DISCOVERY History Note: Authority G.S. 65-49; 150B-28; Eff. February 1, 1976; Readopted Eff. January 16, 1978; Repealed Eff. August 1, 1988.

SUBCHAPTER 07C – LICENSING SECTION .0100 – CEMETERIES 21 NCAC 07C .0101 APPLICATION AND FILING FEE Any legal entity wishing to establish and operate a cemetery company, as defined in G.S. 65-48(5) must first obtain a license from this commission. The legal entity shall file writt…

21 NCAC 07C .0102 CEMETERY COMPANY LICENSE (a) Upon proper application for a cemetery company license and where it appears after investigation that the criteria set forth in G.S. 65-55(c) and G.S. 65-55(f) have been met, the Commission shall issue said license to the applicant, p…

21 NCAC 07C .0103 CHANGE OF CONTROL (a) Any entity wishing to purchase or acquire control of an existing cemetery company shall first make written application to the Cemetery Commission on the Commission's Application for Change of Control. This form provides space for the name a…

21 NCAC 07C .0104 QUALITY SPECIFICATIONS All cemeteries must file plans and specifications showing minimum quality standards of any vaults, crypts or markers sold. History Note: Authority G.S. 65-49; 65-53(7); Eff. September 1, 1979; Amended Eff. June 1, 2014; Pursuant to G.S. 15…

21 NCAC 07C .0105 MEETING REQUIREMENT Any application and all related information for a new cemetery license or a change of control of a cemetery must be received by the administrator of the Commission 30 regular working days before the meeting date the item is to be heard. Histo…

SECTION .0200 - CEMETERY SALES ORGANIZATIONS: MANAGEMENT ORGANIZATIONS AND BROKERS 21 NCAC 07C .0201 APPLICATION AND FILING FEE (a) Any legal entity wishing to establish and operate a cemetery sales organization, cemetery management organization or a cemetery broker, as each are …

21 NCAC 07C .0202 LICENSE FEES The annual license fee for sales organizations, management organizations, and brokers is five hundred ($500.00). These licenses have an expiration date of June 30 in each year. History Note: Authority G.S. 65-49; 65-57; Eff. February 1, 1976; Readop…

SECTION .0300 - INDIVIDUAL PRE-NEED SALESPEOPLE 21 NCAC 07C .0301 APPLICATION AND FILING FEE Any person who offers to sell pre-need grave spaces, mausoleum crypts, niches, memorials, vaults or any other pre-need cemetery merchandise or services that are authorized for any cemeter…

21 NCAC 07C .0302 LICENSE History Note: Authority G.S. 65-49; 65-58; Eff. February 1, 1976; Readopted Eff. January 16, 1978; Expired Eff. September 1, 2018, pursuant to G.S. 150B-21.3A.

21 NCAC 07C .0303 DISPLAY Each salesperson licensed by the Commission shall display his or her license in the office of each cemetery he or she represents. If extra copies are needed, a fee of one dollar and fifty cents ($1.50) shall be charged for each duplicate license. Duplica…

21 NCAC 07C .0304 CEMETERY OWNER A cemetery owner who sells pre-need cemetery property and merchandise as classified in G. S. 65-58 of the laws of North Carolina must obtain a sales license as stated under G.S. 65-58. History Note: Authority G.S. 65-49; 65-58; Eff. February 1, 19…